The Duty to Consult First Nations in Relation to the Incorporation of Municipalities
September 25, 2012Legal Updates
As noted in our client bulletin dated April 2012, respecting the BC Supreme Court decision in Neskonlith Indian Band v. Salmon Arm (City), although local governments may not have a duty to consult and accommodate First Nations that parallels that of the Crown, the Crown’s duty to consult and accommodate remains an important fact of […]
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Public Hearings and the Duty to Disclose Reports
September 25, 2012Legal Updates
The recent decision of the BC Court of Appeal in Fisher Road Holdings Ltd. v. Cowichan Valley (Regional District) highlights the ongoing challenges faced by local government elected and appointed officials in ensuring a fair public hearing process that can withstand judicial review. The case involved the rezoning of land in the Cowichan Valley owned […]
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Defamation and Release of Criminal Record Check Information
May 16, 2012Legal Updates
In the case of William v. Kelowna (City), 2012 BCSC 421, the plaintiff, William, brought an action against the City of Kelowna and one of its employees, O’Reilly, on the basis that the Defendants were negligent in processing a criminal record check and had defamed her by advising her prospective employer of the content of […]
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Limits to Lawful Non-Conforming Uses – Campgrounds, Park Models and Storage Sheds
May 16, 2012Legal Updates
A recent British Columbia Supreme Court case involving the Columbia Shuswap Regional District and a proposed development of a campground on the shore of Shuswap Lake within the Regional District may be of some interest to local government. In MM Project Management Services Inc., Re, 2012 BCSC 47 the owner of the campground lands sought […]
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Interpreting Zoning Bylaws – Two Recent Cases
May 16, 2012Legal Updates
When the interpretation of any bylaw is in question, the court’s task is to determine the intent of the Board or Council, as expressed through the wording of the bylaw. That is not always a straightforward matter. Two recent cases illustrate the approach the courts use when interpreting zoning bylaws: Whistler (Resort Municipality) v. Whistler […]
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Protection of Third Party Information Under Access to Information Legislation
May 16, 2012Legal Updates
The Supreme Court of Canada’s recent judgment in the case of Merck Frosst Canada Ltd. v. Canada (Health), 2012 SCC 3 (“Merck”) provides some important guidance and clarification with respect to the protection of third party information when a request for disclosure is made under the federal Access to Information Act. Although the case arose […]
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Bill 25 Gives Regional Districts Procedural Protection Enjoyed by Municipalities
May 16, 2012Legal Updates
By passing Bill 25 – “Miscellaneous Statutes Amendment Act, 2012”, the Legislature will put regional districts on par with municipalities in several important procedural areas. The Bill has had third reading and the changes it makes to the Local Government Act (“LGA”) will come into force when the Bill receives Royal Assent. The Bill creates […]
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“Volunteer” Firefighter Disqualified From Municipal Office
May 16, 2012Legal Updates
The recent BC Supreme Court decision in Baziuk v. Shelley may be causing some concern around the Province for elected officials who serve as “volunteer” firefighters on municipal councils and regional boards. In the Baziuk v. Shelley decision, a council member elected for the Village of Harrison Hot Springs was found to be not qualified […]
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A Balancing Act: Local Government Responses to Civil Protests
May 16, 2012Legal Updates
As spring weather returns across the Province, there has been some speculation about the possible resurgence of the “Occupy” movement, and the return of protestors to public spaces. If the Occupy protests resume, how should local governments respond if public, civic spaces are the site of encampments or permanent protests?
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No Duty to Consult with First Nations Before Issuing Development Permits
April 11, 2012Legal Updates
In Neskonlith Indian Band v. Salmon Arm (City), 2012 BCSC 499, a decision released April 4, 2012, the Supreme Court of British Columbia held that local governments do not have a legal and constitutional duty to consult with and accommodate First Nations when considering development permit applications, even where the proposed development may adversely affect […]
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